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CABANA v. U.S. SECRETARY OF AGRICULTURE

Slip Op. 06-27. Court No. 04-00634.

427 F.Supp.2d 1232 (2006)

Larry CABANA, Plaintiff, v. UNITED STATES SECRETARY OF AGRICULTURE, Defendant.

United States Court of International Trade.

February 28, 2006.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP (William F. Marshall) for Larry Cabana, plaintiff.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (David S. Silverbrand); Jeffrey Kahn, Office of the General Counsel, United States Department of Agriculture, for the United States Secretary of Agriculture, defendant, of counsel.

OPINION

TSOUCALAS, Senior Judge.

Plaintiff, Larry Cabana ("Cabana") moves pursuant to USCIT R. 56.1 for judgment upon the agency record. Cabana contends that the United States Secretary of Agriculture ("Secretary" or "Department") erred in determining that he was ineligible for certification to receive trade adjustment assistance ("TAA") benefits. Specifically, Cabana asserts that he is eligible for...

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